Broader Inbound And Outbound Investment Screening To Prevent Technology Leakage

The EU is taking action to counter the EU's single market's vulnerability to geopolitical developments. Although national security still falls within the decision-making of individual member states, the bloc has encouraged its member states to screen investments by third country investors for potential national security threats. In the Netherlands, for example, a general screening regime went live in June 2023, when the Vifo Act entered into force. This act covers investments in vital providers, sensitive technology and highly sensitive technology companies, and operators of business campuses (see our June 2023 article explaining the regime here). Likewise, almost all other EU member states have implemented screening regimes on foreign direct investments (FDI).